RATTAN Vs. RAM SAROOP

JUDGEMENT

(1.) Civil Suit No. 206 was filed by plaintiff-appellants against defendant-respondents on April 3, 1972 for possession by partition of Ghair Mumkin Bara comprised in Khasra No. 171 (0-9) and Ghair Mumkin Ghaeir comprised in Khasra No. 188 (3-12) situated in village Atta Tehsil Panipat, District Karnal. Learned trial Court decreed the suit on November 19, 1979. In Civil appeal No. 47/13 of 1981 decided on September 8, 1982, learned lower appellate Court set aside the judgment and decree dated November 19, 1979 of the learned trial Court and dismissed the suit. Hence R.S.A No. 157 of 1983 in this Court.

(2.) Learned lower Appellate Court held that besides Bara and the Ghaeir, aforesaid 173 Kanals 11 Marlas of agricultural land was also joint of the parties. Since this joint land had not been included in the claim for partition, the suit was obviously for partial partition and, therefore, dismissed.

(3.) I have heard Shri S.S. Rathore, Advocate for the appellant, Shri H.S. Hooda, Advocate, for the respondents and have carefully gone through the record of proceedings before the learned two courts below.